Current through the 2024 Budget Session
Section 14-2-905 - Limitation on husband's dispute of paternity(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless: (i) Within two (2) years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and (ii) The court finds that he did not consent to the assisted reproduction, before or after birth of the child. (b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that: (i) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife; (ii) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and (iii) The husband never openly held out the child as his own. (c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.